Appeals from an adverse lower court determination present the appellate practitioner with a number of important considerations: Does the ruling below give rise to a meritorious appeal? What is the client really seeking, and is the commitment of resources necessary to achieve that outcome justified? Indeed, in light of the lower court’s ruling, the applicable law and the established record on appeal, is such an outcome now even possible or likely?
In the area of appeals to the appellate divisions of New York state court civil matters, an additional factor is the civil appeals settlement programs themselves. Currently in operation in three of the four appellate divisions, the indisputable exponential increase in litigation has rendered these programs an increasingly important—if not vital—component of the state courts’ overall appellate dispute resolution mechanism. What follows is an examination of the operation, structure, goals and benefits of the First, Second and Third Department civil appeals mediation apparatus.1
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